By PAVEL BAILEY
Tribune Staff Reporter
pbailey@tribunemedia.net
OFFICERS testified yesterday that they opened fire after an armed man pointed a gun at them as the trial of two men accused of endangering police officers’ lives in Garden Hills in 2018 continued.
Dominic Stuart, 32, and Antonio Neely, 32, are before Justice Neil Braithwaite on charges of possession of an unlicensed firearm, possession of ammunition and possession of a firearm with intent to endanger life.
Prosecutors allege the pair, armed with a handgun, endangered the life of Police Constable Caudray Deal on the night of May 15, 2018.
PC Deal told the court he fired three shots at Neely after Neely pointed a gun at him. He said officers had earlier stopped the accused, who were in a Kia Sportage that approached at a high rate of speed.
After the shooting, PC Deal said Neely was assisted by emergency medical services. When shown a photograph of the red Sportage, the officer said there was no gunshot damage to the vehicle.
The defence maintains that officers fired at the accused as they were exiting the vehicle and suggested on Tuesday that police had no justification for opening fire. Defence attorneys also claimed the firearm recovered from the vehicle was planted.
Sergeant 2405 Patrice Rolle, a criminal records officer, testified that a report generated on May 16, 2018 showed neither accused was licensed to carry a firearm. She also said the gun recovered at the scene was not registered to anyone.
Sergeant 309 Neil Munroe of the Crime Scene Investigation unit said that at about 11pm on May 15, 2018 he received information of a police-involved shooting. He said that upon arriving at the scene with then Corporal Armbrister, he observed a police vehicle and spent 9mm casings nearby.
Near house number 53, he said he saw the red Sportage. Inside, he found a black ski mask, a blue polo cap and foil containing a grassy-like substance. He also said he found a black pistol partially under the rear back seat with one round in the chamber.
Sergeant Munroe said Corporal Armbrister photographed the scene and that he swabbed the pistol and magazine for analysis. The following day at 2.30pm, he said he submitted the exhibits to the police forensic lab and requested that the pistol be compared with DNA evidence in the matter.
He told defence attorney Cassie Bethel that swabbing was more effective than fingerprint dusting and said the ski mask was important for DNA analysis.
Sergeant Deandra Forbes, PC Deal’s partner that night, previously testified that she saw one of the accused wearing a ski mask in the vehicle.
Sergeant Munroe said he could not recall seeing the suspects at the scene. While he knew PC Deal, he said he could not remember if he saw him that night.
He also told defence attorney Jairim Mangra that the results of the DNA analysis were forwarded to the investigator.
Responding to a question from the prosecution, Sergeant Munroe said fingerprints can be prevented from transferring onto a weapon if there is a layer of material, such as cloth or gloves, between the weapon and the user’s hand.
Vashti Bridgewater and Kristin Butler-Beneby are prosecuting the case.
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